Tag Archives: dismissal

Another Plaintiff Voluntarily Dismisses Suit After anti-SLAPP Motion Is Filed

Last month, I wrote about an anti-SLAPP motion filed by a Charlottesville, Virginia newspaper.  The plaintiff’s opposition was due last week.   Instead, on June 6, he voluntarily dismissed his complaint and, the next day, the Court acted on the notice and closed the case.  This is not the first time this has happened in this case.  As noted here, after this same plaintiff initially filed the Complaint in Virginia state court in September 2012, he then voluntarily dismissed it the next day.  This dismissal, however, likely means the end of the lawsuit.  Under Federal Rule of Civil Procedure 41(a)(1)(B), a …

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Superior Court Judge Grants District of Columbia’s anti-SLAPP Motion against Former Employee

Last week, another DC Superior Court judge granted an anti-SLAPP motion.  This motion was filed by the District of Columbia in response to a defamation/related torts lawsuit brought by a former employee: Eric Payne.  (For prior discussions on this suit, see this post discussing the DC opening brief; this post discussing Payne’s opposition brief; and this post discussing DC’s reply brief).  You can also find news stories about the lawsuit here and here, and an editorial that is critical of DC’s anti-SLAPP motion here). This is the second anti-SLAPP motion that has been granted by a DC Superior Court judge, …

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DC federal court reiterates that anti-SLAPP statute inapplicable in federal court

While 3M and Lanny Davis were resolving their claims, the judge presiding over the district court portion of the case resurrected his February 2012 decision against another one of the defendants in that same case and held – again – that the DC anti-SLAPP statute does not apply in federal court.  

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Lanny Davis Drops High-Profile Appeal of Denial of Anti-SLAPP Motion

With apologies to Queen, another anti-SLAPP suit has bitten the dust.  Unlike the Lehan v. Fox Television Stations case, in which the defendants’ anti-SLAPP motion was granted, however, the high-profile squabble between 3M and Lanny Davis has ended because of a settlement. 

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Update on Dean v. NBC Cases

It has been a few weeks since I checked in on the Dean v. NBC cases.  As you may recall, after significant briefing on the anti-SLAPP statute in the Superior Court, the plaintiffs voluntarily dismissed their suit there because they had refiled it in federal court (where Judge Wilkins and Judge Leon had held (here and here) that the anti-SLAPP statute was inapplicable).

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Plaintiff in Dean v. NBC Case Engages in Blatant Forum Shopping

The Dean v. NBC Universal case took an odd turn today when the plaintiff filed a notice of voluntary dismissal without prejudice. According to the filing, “[t]he Complaint has been refiled in the U.S. District Court for the District of Columbia due to the Court’s recent decision in 3M v. Boulter, No. 11-cv-1527 (RLW).” The MSNBC defendants (Rachel Maddow, NBC and MSNBC) had previously moved to dismiss the suit, either because it failed to state a claim under Rule 12(b)(6) or under the DC anti-SLAPP statute. The plaintiffs had opposed that motion by attacking the constitutionality of the statute and …

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Dan Snyder Dismisses Suit Against City Paper

Dan Snyder today agreed to dismiss his lawsuit against the City Paper and its reporter, Dave McKenna, with prejudice (this means that the case is over and Snyder cannot file suit again on these allegations). In the stipulation of dismissal, the defendants agree “that they shall bear their own fees and costs in connection with this action.” Of course, under the anti-SLAPP statute, if the party filing a special motion to dismiss prevails, the court may award the costs of litigation, including reasonable attorney fees.  DC Code 16-5504(a).

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